(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes ( (Formerly Transportation-Communication Employees Union) PARTIES TO DISPUTE: (The Texas and Pacific Railway Company

1. Carrier engaged in bad faith bargaining and violated existing Agreements between the parties when on Februar performed exclusively by telegraphers at the "GO" Telegraph Relay Office, Dallas, Texas, out of their respective seniority districts and across craft lines.

 2. Carrier shall restore said work to the Telegraphers' Agreement and allow the senior idle telegrapher, extra in preference, holding "prior rights" in the "NY" Telegraph Relay Office at Fort Worth, Texas, eight hours' pay at the applicable straight ti continuing on a daily basis thereafter until the violation shall have been corrected,

 3. Carrier shall allow a joint check of the records to determine the names of the beneficial claimants and amounts due each.

 OPINION OF BOARD: The claim alleges that the Carrier engaged in bad faith bargain
 ing and violated existing agreements when on February 15, 1966,
 it transferred work being performed exclusively by telegraphers in "G" Telegraph
 Relay Office, Dallas, Texas, out of their respective seniority districts and across
 craft lines.

 It is clear from the record that the basis for the claim is the installation and operation of te Texas. On the property and before this Board the Petitioner contends that the Carrier was guilty of operation of the teletype machines in the Traffic Office. This Board has no jurisdiction to attempt to negotiate nor can it prescribe an agreement for the parties.

 As to the alleged transfer of work, in the handling of the dispute on the property the Carrier called attention, and properly so in our opinion, to the Scope Rule of the applicable agreement which reads in part:

 tv :.i::


                    "This agreement will govern the working conditions and compensation of . ...operators of teletype or other mechanical transmission or reception devices located in telegraph offices;


I

                    "The term 'telegraph office' as used herein means any office where teletype or other mechanical telegraph or reception appliances are installed in the future to handle intercity messages."


              The Carrier contended on the property that the telegraph machines in the Dallas Traffic Office are used for intracity communications only, and that such work has been done by other than telegraphers for years. There is no probative evidence in the record to the contrary. Under these circumstances we can only find that the Petitioner has failed to prove that a transfer or work across craft lines actually occurred. We will, therefore, dismiss the claim.


              FINDINGS: The Third Division of the Adjustment Board, after giving the parties tc,

              this dispute due notice of hearing thereon, and upon the whole record

              and all the evidence, finds and holds:


              That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes June 21, 1934;


              That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and


                    That the claim be dismissed.


                                    A W A R D


                    Claim dismissed.


                                      NATIONAL RAILROAD ADJUSTMENT BOARD

                                      By Order of Third Division


                    ATTEST: y~ Executive Secretary


                    Dated at Chicago, Illinois, this 30th day of October 1972.